07-23-97 Council Minutes - Laserfiche WebLink

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MINUTES CITY COUNCIL JULY 23, 1997 Morelan pointed out that the paving materials are at the discretion of the Council. Morelan suggested that for a larger business, the Council might feel that asphalt or concrete would not be necessary for the outdoor storage area. Mr. Morelan introduced the following ordinance and moved its adoption: ORDINANCE NO. 459 - AN ORDINANCE AMENDING SECTION 903.020, 913.020, 913.030, AND 913.040 OF THE I,ITTI E CANADA CITY CODE, KNOWNA.S THE ZONING ORDINANCE, I3Y DELETINC PROVISIONS FOR OUTDOOR STORAGE AS A PERMITTED USE The foregoing ordinance was duly seconded by Pedersen. Ayes (4) Morelan, Pedersen, LaValle, Scalze. Nays (0). Resolution declared adopted. COFr~~ SIIOP The City Administrator reported that the coffee shop concept proposed CONCEPT on the Guerin property has been withdraw at the request of the applicant. DIANNA LANE The City Administrator reported that the property owner of 2410 Dianna RETAINING Lane has contacted the City regarding damage to a retaining wall adjacent WALL to his property. The property owner is looking to the City to participate in the cost of repairin~ this wall. The City Administrator pointed out that the City reconstructed the retaining wall at the entrance to Dianna Lane a couple of years ago. The difference in that situation is that the retaining wall existed entire(y within the City's right-of-way. The property owner is claiming that the bottom tier of the retaining wall adjacent to his property is within the City's street right-of-way. A survey would be required to verify whether or not this was true. Mark Jaszewski, owner of 2410 Dianna Lane, reported that the wall collapsed as a result of the July 1 s` starm. Jaszewski indicated that he has contacted his insurance agent who inspected the wall and indicates that it is her opinion that the lower tier of the wall failed due to the wet weather and the poor construction and design of the wall. The insurance agent also believes the lower level of retaining wall is on the City's right-of-way. Therefore, the insurance agent will be recommending denial of the claim. Jaszewski outlined his reasons for believing the City should be responsible for replacement of the wall. The first is that the sole purpose of the wall is to protect City property, specifically the street and storm sewer. Another reason is that the wall was constiucted prior to the house being built.